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Berta

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Berta last won the day on February 18

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About Berta

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  1. Also there are Camp Jeune presumptives as well but I have already posted that info here many times- someone else can link that to the regulations.
  2. I posted this info here many times over the years and it seems to need re posting again. Anemia, primary. Arteriosclerosis. Arthritis. Atrophy, progressive muscular. Brain hemorrhage. Brain thrombosis. Bronchiectasis. Calculi of the kidney, bladder, or gallbladder. Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arteriosclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.) Cirrhosis of the liver. Coccidioidomycosis. Diabetes mellitus. Encephalitis lethargica residuals. Endocarditis. (This term covers all forms of valvular heart disease.) Endocrinopathies. Epilepsies. Hansen's disease. Hodgkin's disease. Leukemia. Lupus erythematosus, systemic. Myasthenia gravis. Myelitis. Myocarditis. Nephritis. Other organic diseases of the nervous system. Osteitis deformans (Paget's disease). Osteomalacia. Palsy, bulbar. Paralysis agitans. Psychoses. Purpura idiopathic, hemorrhagic. Raynaud's disease. Sarcoidosis. Scleroderma. Sclerosis, amyotrophic lateral. Sclerosis, multiple. Syringomyelia. Thromboangiitis obliterans (Buerger's disease). Tuberculosis, active. Tumors, malignant, or of the brain or spinal cord or peripheral nerves. Ulcers, peptic (gastric or duodenal) (A proper diagnosis of gastric or duodenal ulcer (peptic ulcer) is to be considered established if it represents a medically sound interpretation of sufficient clinical findings warranting such diagnosis and provides an adequate basis for a differential diagnosis from other conditions with like symptomatology; in short, where the preponderance of evidence indicates gastric or duodenal ulcer (peptic ulcer). Whenever possible, of course, laboratory findings should be used in corroboration of the clinical data. (b) Tropical diseases. The following diseases shall be granted service connection as a result of tropical service, although not otherwise established as incurred in service if manifested to a compensable degree within the applicable time limits under § 3.307 or § 3.308 following service in a period of war or following peacetime service, provided the rebuttable presumption provisions of § 3.307 are also satisfied. Amebiasis. Blackwater fever. Cholera. Dracontiasis. Dysentery. Filariasis. Leishmaniasis, including kala-azar. Loiasis. Malaria. Onchocerciasis. Oroya fever. Pinta. Plague. Schistosomiasis. Yaws. Yellow fever. Resultant disorders or diseases originating because of therapy administered in connection with such diseases or as a preventative thereof. https://www.law.cornell.edu/cfr/text/38/3.309
  3. That was not what I meant- my point here is for you and others who might need this info,is that the Gulf War presumptives and regulations : https://www.law.cornell.edu/uscode/text/38/1117 are Different from the Chronic Presumptives. 38 CFR 3.309 as it refers to 3.307. I linked it above and will make a new topic on that because it is almost impossible to find in our search feature. Also GW incountry vets might want to find the Radio show I did here on the many infectious illnesses that are also compensatable to GW vets as well as do a search for those regulations under 'more new Gulf War presumptives.' And they should get into the Gulf War Burn Pit registry as maybe the VA will add burn pit illnesses to the presumptive for GWVs...maybe.... I feel as I stated before that you have a valid claim ,as a Chronic Presumptive claim,under the 38 CFR 3.309 ( to include 307) based on how I understand the info you gave us. I just hope you or your rep filed the claim properly. Also the Agent Orange Presumptives are a completely different set of regulations. Actually I don't know why I am even opining on this because you have not been denied as far as I know. Make sure any medical info you gave them from any doctor that directly bears on your disability is something they can read and understand. And pray that they can read.
  4. " Yes I was hospitalized in the service. " Has your claim been denied? If we have more info we can hopefully help more- so far the advice here from others is superb- I worked at a VA vet center many decades ago, as a volunteer ,and the PTSD combat Rap group voted me in to be a member ( I am a civilian). I found the " group setting" at this vet center-per the vets in it , (not all in it were combatants but all had PTSD from Vietnam) to be a secure place where they could get a lot off their chest and felt a strong comradery with each other. My role with them developed into being a non judgemental 'wife, girl friend, sister, or parent'. All of them needed encouragement . None of those meetings were documented , so VA had no control over them and a few vets revealed things in service, that happened to them that they could not tell anyone about ,not even the VA-for claims purposes. We don't know know what your disability is and if it is what you were hospitalized inservice for ,knowing that info would help us to help you. I hope your bad experience was not in a vet center group. Vet Centers have helped Many veterans. My experience there as a civilian VA volunteer ( 1983) changed my whole life.
  5. Can any mod fixed this thread? Otherwise the recent new member will not find the recent replies.
  6. "1) They said they sent out a 5103, which is apparently a request for info not in my file. However, I know that was provided to them already, so is the 5103 necessary?" I assure you that vetquest is right- send them again anything they might have already such as the 5103 and the DBQ. I receive one 5103 for 2 separate claims.The VARO VSO verified to me by phone that they had all of the evidence for both claims because I made him read back to me what he had received that I also listed ( and advice all to do this- I had listed all of the enclosures on the 5103.) ( so he could not just agree by phone with what I said I had sent.I think he then shit canned my evidence-and made that point in a cmplaint I filed with the Inspector General. It was the second serious VCAA error this RO committed , and 5103 or VCAA errors will screw up a claim for years. "I'm still trying to figure out who Betty is LOL. Whoops." Maybe you mean what we call the 1-800-827-1000 VA number- Peggy- because of this: https://community.hadit.com/topic/69514-peggy-for-newbees/
  7. to add- we had here at hadit a few vets whose VSO rep put down on the claim, that they were Gulf War Vets incountry and wanted the GWV presumptives to be applied by VA to their disability-but some of them did not fall into this criteria for presumptives, because they had a "Diagnosed" disability, that was not a presumptive ( such as IBS etc as the VA link reveals. https://www.publichealth.va.gov/exposures/publications/gulf-war/gulf-war-winter-2016/gulf-war-presumptives.asp Those vets who do not meet the above criteria and have a "diagnosed" disability not on the list above, can attain SC by establishing an inservice nexus or link to their disability. The worse thing some vet rep or VSO can do ( and they have done it per the BVA ) is to file the claim for generic "Gulf War Syndrome."...without properly stating the disabilities the veteran has. There is no specific disability called Gulf War Syndrome and it is not compensable...because "We prefer not to use the term “Gulf War Syndrome” when referring to medically unexplained symptoms reported by Gulf War Veterans. Why? Because symptoms vary widely." https://www.publichealth.va.gov/exposures/gulfwar/medically-unexplained-illness.asp
  8. I just found this statement in 3 recent BVA decisions" "In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including nephritis, are presumed to have been incurred in service if they manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. I know you served "after December 31, 1946". I assume you served for more than 90 Days. Others will chime in.... those recent decision add : "In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, certain chronic disabilities, including nephritis, are presumed to have been incurred in service if they manifested to a degree of 10 percent or more within one year from the date of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309." It often takes a Strong IMO/IME to prove the 10 percent , as an IMO/IME doctor willi read over carefully your complete SMRS, 201 files, etc, and determine possibly with medical treatises , as well, that even if the 10% is not supported by the documented service medical evidence--- some disabilities obviously manifest themselves at 10% in other ways medically, yet might not be diagnosed before they actually manifest themselves.
  9. I think you mean the dates with 38 CFR 3.307 that preceeds 38 CFR 3.309: (1) Service. The veteran must have served 90 days or more during a war period or after December 31, 1946. The requirement of 90 days' service means active, continuous service within or extending into or beyond a war period, or which began before and extended beyond December 31, 1946, or began after that date. Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(c) and (e). Any period of service is sufficient for the purpose of establishing the presumptive service connection of a specified disease under the conditions listed in § 3.309(f), as long as the period of service also satisfies the requirements to establish a presumption of exposure to contaminants in the water supply at Camp Lejeune under paragraph (a)(7)(iii) of this section. https://www.law.cornell.edu/cfr/text/38/3.307 As I understand 3.307: "The veteran must have served 90 days or more during a war period"-it does not say 'in a theatre of war' Regardless of where you served , the Gulf War is not over: "Deadline for Gulf War Veterans With Presumptive Conditions is Extended to 2021. The VA has extended the deadline to receive disability benefits for Persian Gulf War Veterans with certain presumptive conditions. The deadline was previously set to expire on December 31, 2016, but has been extended to December 31, 2021." Gulf War Presumptive Conditions: Deadline Extended to 2021 .. .https://cck-law.com/blog/deadline-for-gulf-war-veterans-with-presumptive-conditions-is-extended-to-2021/ The war in Afghanistan might come to an end and then maybe the GW period will not longer be extended. It has been extended by now for many many years. I hope others here chime in on this------maybe they have a different take on this period of war-
  10. Wait a minute-----I just realised the epilepsies are on the Chronic Presumptive list!!!!! I apologize to you!!!!! It is a long list and I sure never remember them all: and it is Very hard to find here in the search feature: https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc Yousaid: "They told me that if I could get my Neurologist to just confirm my diagnoses and say i was and have been under treatment since 05/25/2019 that we could submit a supplemental claim since that's the fastest route. So that's what we did. That brings us to now." And you ARE falling under the Chronic presumptives!!!!!! So as good as this sounds, some optimism is in order but we ll have learned how the VA can screw up anything. Sorry I didnt check that list sooner for you. You did the leg work you needed to succeed!
  11. Great advice!!!! I have a wonderful friend ( 100% P & T 1151 plus SMC, for GSW, and also PTSD) who lived within one block of the little bridge that is the entrance to the Bath VAMC. I had to intervene on his behalf with the Patient advocate a few times, with his permission- he can be difficult to deal with- he is the vet they almost killed right after my husband's wrongful death. He now uses the Canandaigua VAMC quite a long ride from his home , a short walk to the VAMC, and feels far more comfortable there. "Top Secret: You can do that also. You cant change people, but you can change the people you choose to associate with. " I had to do that recently because I was being pressured to return to a volunteer job I have locally because the person could not accept that I had the Flu, and was still in the post viral syndrome phase-the fatigue after the flu and also I had 3 severe snow and ice events to deal with-when I was sick.Most of my neighbors could not get out of their driveways for 3 days. After 7 years I simply dropped out of those two volunteer jobs , saw the person yesterday and they seem to have garnered more respect for me and still hope I will return ,but as I told them, the doctor, who gave me a the flu shot did not give me a crystal ball, that could determine when I would get well. They also live a good 400 feet lower than me and the climate is far different and they have never shovelled snow themselves- they have a living spouse. I saw it as a control issue they have. You are right- and this is something that PTSD vets like my deceased husband had to learn-he felt some people we new were taking advantage of him due to his SC PTSD , and learned to avoid situations like that. Your statement bears repeating: "You can do that also. You cant change people, but you can change the people you choose to associate with. " When we change our behavior to people whose own agenda is uncomfortable, or controlling or whatever, etc etc, to us, they are forced to change how they behave towards us. If we even want to deal with them again. The Flu in NY is serious and the new senior flu shot will not prevent the flu but if you get it, it might not be as bad as it could be. And it has killed between 17,000- 22,000 Americans already this year.
  12. About 1/4 down in this VA article, are the regulations regarding claims filed within one year of service.: The regulation they cite is linked in the article and also available at hadit under a search https://www.va.gov/disability/eligibility/illnesses-within-one-year-of-discharge/ https://www.benefits.va.gov/warms/docs/regs/38CFR/BOOKB/PART3/S3_309.doc If the disability is not a "chronic Presumptive" under those regulations you will need to try to find an inservice nexus in you SMR , and/or your military 201 Personnel file, and/or with strong buddy statements and you might need a strong Independent medical Opinion based on review of your inservice records. But you do not have a decision yet and if it is a denial and if you can scan and post the decision here when you get it ( to include the evidence list) we can help more. cover your C file, name ,etc prior to scanning it.
  13. Many here over the years have had bad results from C & P examiners who lied on the exam results. Broncovet has posted here many times how to get those situations corrected. I have advised complaining directly to VES , QTC or LHI and posted their contact info here-available under a search, if you get a lousy and inaccurate C & P exam from one of their contractors.* Also a few years ago the VA did a C & P exam on a claim I had as a survivor of a veteran , and when I got the exam it said it had been in "in person" exam. In person? ????My husband had been dead by then for about 20 years.I raised hell and also filed CUE because the VA again ignored a medical opinion I had. for the claim. The opinion was from the top cardiologist at VA in DC Central Office. They awarded the CUE and reversed their decision in 3 weeks. We need more info- Has the VA diagnosed you with an MH disability? Do you have proof that the disability is related to your service?
  14. In the post 10 years old by "ZOE", we never learned if they were exposed to AO, and since then the presumptive list has grown as well, as the addition of Blue Water Navy 12 mile limit veterans, who now have the same equity as all other AO veterans. I expected a lot of Blue Water Navy AO claims questions to be at hadit since those regulations became law last summer. The VA is certainly working on any BWN claim, whereby the veteran had been denied in the past for an AO presumptive but has since proven they were in the 12 mile limit- those vets hopefully will get a proper decision and retro- such as one BWN vet we have here at hadit. But I bet THOUSANDS of BWN vets and/or their survivors , still have no idea at all of the Blue Water situation under Nehmer. The average Vietnam Vet these days or their surviving spouse would probably be in their 70s, ny now and may not ever use a PC or google and ever week I slowly receive news of the BWN AO Victory from newspapers scattered over the USA, news that often appears in small newspapers instead of the main ones. Sec.Wilkie mentioned this extraordinary victory last summer at Fox News and so far I have never seen it mentioned on the Prime news channels at all. VA. in the past ( 2010) was also supposed to be contacting any IHD, Parkinsons or Hairy Cell B vet or their survivor, whose past rating sheets revealed a AO ,that was NSC then , but the Veteran had served in Vietnam.And ostensibly contacted the veteran about Nehmer 2010. They forgot some vets here as well as me a widow of an AO vet. Only because we were aware of the new 2010 AO Regulations were we able to succeed with our claims, and most of us had a NVLSP contact lawyer checking over our retro awards. My new VBM has not arrived yet and that too will have BWN AO info in it- but I have already been in contact with NVLSP ( they won Nehmer) and the most important info in this new VBM , is what I have already posted here in the AO forum as to Deck Logs and the map of the 12 Mile coordinates. The VA ,in my opinion after dealing with the since 1981,wants veterans and their spouses/survivors, to always remain in the dark about any new issues that would provide compensation or higher ratings ,to many. Unfortunately those who represent us as VSO , NSO, vet reps etc....often do not have a clue on AO as well as many other types of VA case law we discuss here. My lousy state reps had never heard of the well established Nehmer -when I went to them in 2003. I donated an additional VBM I bought to them so vets could peruse it but found it later hidden in an upstairs office most of the VAMC PTs could not get to and none of their reps ever even opened it. There is much good advice here at hadit, but some of it needs taking the time to get the full 9 yards, by using the search feature here and doing some research via google, BVA, CAVC etc. to properly give the vet the info they need. And then hope they take our advice. Some never return.
  15. The info Buck posted is from: https://www.va.gov/disability/eligibility/hazardous-materials-exposure/agent-orange/ However, as I have noticed lately the VA parses their info at their web site,- and they forgot to mention the Thailand AO directive in the article. The recent poster is named Hoytt Rummels= maybe someone can fix this confusing thread. Buck stated: "SO THIS MEDICAL SPECIALIST'' WAS NOT GOOD ENOUGH TO RENDER HIS MEDICAL OPINION? THAT MG WAS GREATER THAN 50% IT WAS CAUSED BY AGENT ORANGE?" Trying to get SC for AO exposure is very difficult if the disability is not an AO presumptive, or in this case, the disability is not a Chronic presumptive , without exposure to AO. It can be done but it is VERY difficult! I have posted here over the years those cases whereby the veteran was proven exposed to AO but their disability is not an AO presumptive one. It takes a lot more than a doctor stating "more than likely".
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